Terms and Conditions

1. Introduction

Welcome to Gordo's Pool City Inc. ("Gordo's Pool City," "we," "us," or "our"). We are an authorized Doughboy dealer and a full-service pool and spa business located at 6167 Yosemite Blvd, Modesto, California, serving the Central Valley since 1956. These Terms and Conditions ("Terms") govern your access to and use of our website, our online store, and the products and services we offer. Please read them carefully.

2. Acceptance of Terms

By accessing or using our website, requesting a quote, placing an order, or using any of our products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

3. About Our Business and Services

Gordo's Pool City offers the following, in store, on site, and through our website:

• Sales of above-ground pools, including Doughboy steel-frame and resin-frame models, and semi-inground pool referrals.
• Replacement pool liners and liner sizing.
• Pool and spa equipment, parts, supplies, and specialty chemicals.
• Weekly pool service, green-to-clean remediation, drain and clean service, and equipment repair.
• Spa and hot tub service, including diagnostics, repair, and move or removal.
• Free in-store pool and spa water testing with treatment guidance.
• Online sales of selected pools, liners, parts, and chemistry.

Service availability, product availability, and pricing vary and are confirmed at the time of quote, order, or scheduling.

4. Products, Pricing, and Orders

a. Pricing. Prices are subject to change without notice and are confirmed at the time your order or quote is finalized. We make every effort to display accurate pricing, but errors can occur. If a product is listed at an incorrect price, we reserve the right to cancel or refuse the order and to correct the error, even after an order is submitted.

b. Availability. Products are subject to availability. Some items, including pool kits, liners, and large equipment, are special-order or freight-shipped and carry longer lead times that we will confirm before processing.

c. Payment. Payment is processed through third-party payment processors. By submitting payment information, you represent that you are authorized to use the payment method provided.

d. Special orders and freight. Special-order items, freight-shipped items, and custom liners may be non-cancelable and non-returnable once ordered. We will confirm these terms with you before the order is placed.

e. Returns. Returns are governed by our in-store and online return policy, available on request and at checkout. Special-order items, custom-cut liners, and chemicals may not be returnable. Restocking fees may apply.

5. Manufacturer Warranties (Important)

a. Manufacturer warranties belong to the manufacturer. Doughboy pools, liners, pumps, filters, and other manufactured products are covered by the warranties issued by their respective manufacturers, not by Gordo's Pool City. Doughboy's warranty terms, including the conditions for coverage, are set by Doughboy and provided with the product. We pass these warranties through to you and will help you understand and file a claim, but we do not extend, modify, or independently guarantee any manufacturer warranty.

b. Warranty conditions. Manufacturer warranties often require specific conditions to remain valid, for example, that a Doughboy pool is installed with a Doughboy liner and a complete equipment package, and that the product is installed and maintained according to the manufacturer's instructions. Failure to meet those conditions may void the warranty. Those conditions are the manufacturer's, and we are not responsible for coverage decisions made by the manufacturer.

c. No independent warranty unless stated in writing. Except for any warranty Gordo's Pool City expressly provides to you in a signed writing, we make no warranties of our own on manufactured goods. To the fullest extent permitted by California law, we disclaim all implied warranties, including implied warranties of merchantability and fitness for a particular purpose, on products beyond the manufacturer's warranty.

6. Installation and Service Terms

a. Site access and preparation. Where we provide installation or service, you are responsible for providing safe and clear access to the work area, a suitable and level site, and any required electrical disconnect or drainage, unless we agree otherwise in writing.

b. Permits and codes. You are responsible for obtaining any permits required for a pool, spa, or barrier and for compliance with local building, zoning, fencing, and safety codes, unless we expressly agree in writing to handle a specific permit. Pool barrier and fencing requirements are set by your local jurisdiction and are your responsibility.

c. Underground utilities and property lines. You are responsible for identifying property lines, easements, septic systems, sprinkler lines, and private underground utilities. We are not responsible for damage to unmarked or mismarked private lines.

d. Scheduling and weather. Installation and service schedules may be affected by weather, supply availability, and conditions found on site. We will communicate changes as promptly as we can.

e. What we do not do. Gordo's Pool City does not perform in-ground pool construction, gas heater installation or service, solar heating installation, roof-mounted equipment installation, or pool resurfacing or coping work. Statements on our website about these limits are part of these Terms.

7. Water Testing and Chemical Guidance Disclaimer

a. Guidance, not a guarantee. Our water testing and chemical recommendations are provided as guidance based on the sample and information you give us at a point in time. Water chemistry changes with use, weather, and many factors outside our control. We do not guarantee a specific result.

b. Safe handling is your responsibility. Pool and spa chemicals are hazardous if mishandled. You are responsible for reading and following all product labels and safety instructions, storing chemicals safely, keeping them away from children and pets, and never mixing chemicals except as directed by the product label. Gordo's Pool City is not responsible for injury, damage, or loss resulting from the handling, storage, or use of chemicals.

8. Pool and Spa Safety; Assumption of Risk

Pools and spas carry inherent risks, including the risk of drowning, slip-and-fall injury, and injury from equipment or chemicals. You are responsible for the safe operation of your pool or spa, including supervision, barriers and fencing that meet local code, secure covers, and compliance with all applicable safety laws. By purchasing a pool, spa, product, or service, you acknowledge and assume these risks to the fullest extent permitted by law.

9. A2P and SMS Text Messaging

a. Consent. Gordo's Pool City may send text messages through an application-to-person (A2P) messaging platform. We send these messages only to mobile numbers for which we have obtained your prior express consent, for example, when you check the SMS consent box on one of our forms or provide your number for a quote, order, appointment, or service. Consent to receive marketing text messages is not a condition of purchasing any product or service.

b. Message types. Messages may include quote and order updates, appointment and service reminders, water-test follow-ups, and promotions.

c. Rates and frequency. Message and data rates from your mobile carrier may apply. Message frequency varies.

d. Opt-out. You can opt out at any time by replying STOP to any message, or by contacting us at the information below. You can reply HELP for help. After you opt out, you may receive a single confirmation message.

e. Privacy of SMS data. We do not sell or share your SMS opt-in data or your mobile number with third parties or affiliates for their marketing purposes. See our Privacy Policy.

10. Intellectual Property

a. All content on this website, including text, graphics, logos, images, and software, is the property of Gordo's Pool City Inc. or its licensors and is protected by copyright, trademark, and other laws. Doughboy and other brand names and logos are the property of their respective owners and are used with authorization or for reference.

b. You may not use, reproduce, modify, distribute, or display any content from this website without our prior written consent, except as needed to view the site for its intended purpose.

11. User Conduct

You agree not to use the website for any unlawful purpose, to interfere with its operation or security, to submit false information, or to upload content you do not have the right to share. Photographs and information you submit through our forms must be accurate and yours to provide.

12. Disclaimers

The website and its content are provided on an "as is" and "as available" basis. While we work to keep information accurate and current, we do not warrant that the website, product descriptions, pricing, or other content are error-free, complete, or up to date. Your use of the website is at your own risk, to the fullest extent permitted by law.

13. Limitation of Liability

To the fullest extent permitted by California law, Gordo's Pool City Inc. and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost use, arising out of or related to your use of the website, our products, or our services. To the fullest extent permitted by law, our total liability for any claim arising out of or related to a product or service will not exceed the amount you paid to us for that product or service. Nothing in these Terms limits liability that cannot be limited under California law.

14. Indemnification

You agree to indemnify and hold harmless Gordo's Pool City Inc. and its owners, employees, and agents from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising out of your misuse of the website, your violation of these Terms, your handling of chemicals or operation of a pool or spa, or your failure to comply with applicable safety laws and codes.

15. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms, the website, or our products or services will be brought exclusively in the state or federal courts located in Stanislaus County, California, and you consent to the jurisdiction of those courts.

16. Changes to These Terms

We may update or modify these Terms at any time. We will post the updated Terms on our website with a new effective date. Your continued use of the website or our services after changes are posted means you accept the updated Terms.

17. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will stay in effect. These Terms, together with our Privacy Policy and any signed agreement for a specific product or service, are the entire agreement between you and Gordo's Pool City regarding the website and our online offerings.

18. Contact Information